Roundup: What open nominations?

Do you remember when the Liberals considered themselves the party of open nominations? And how they were always going to uphold the democratic right of riding associations to run fair, open and transparent processes to select the candidates that would appear on the ballot for them? Because apparently the party has put this particular bit of democracy, openness and transparency down the memory hole as they continue to acclaim candidates from across the country. In two of these cases, the acclamations came a mere day after the incumbents announced that they weren’t running again, and in one of those ridings – Kanata-Carleton – there was the making of a contested nomination as rumours swirled that Karen McCrimmon wasn’t going to run again, and the riding association was frustrated that they couldn’t get any kind of answer from the party on how and when to run said contested nomination.

Now, the party is going to defend its honour by pointing out that their rules state that they can declare a state of “electoral urgency” to bypass the nomination process, but this is more of the Liberals’ penchant of letting the ends justify the means. They created the rules that were easily gamed, and frankly, the “electoral urgency” clause is a load of bullshit because they were using it in 2019 in the months before the election when they knew they had four years to have this process ongoing because there was a fixed election date under a majority parliament, so there were no surprises. Yes, the pandemic has made nomination races tougher because of public health restrictions, and the party has come under fire for using a verification system that includes facial recognition technology (which BC’s privacy commissioner is investigating, per that province’s laws), but again, these were things that the party should have been cognisant of and dealing with rather than simply wringing their hands and pulling the “electoral urgency” alarm to fast-track their hand-picked candidates, thwarting local democracy, and accountability.

Open nominations are one of the most important and fundamental building blocks of our democratic system. When parties flout those rules, it hurts the entire system – especially as it cements even more power in the leaders’ offices. That the Liberals are so blatantly ignoring their own supposed values in this crucial stage of the democratic process is a sign that the way the party rewrote their constitution to fit the Trudeau era is a very real problem that they are going to have to do a lot of soul-searching to address, especially when that age comes to its inevitable end.

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Roundup: Nova Scotia makes two for child care

Prime minister Justin Trudeau and Iain Rankin, premier of Nova Scotia, announced yesterday that Nova Scotia was now the second province to sign a new childcare agreement with the federal government under the dollars allocated in Budget 2021, and that it would transition the province to halving current fees by next year, and reducing them to the goal of $10/day by 2026, with commitments along the way for those five years. And crucially, there are federal funds going toward training new early childhood educators, as well as to improve the post-secondary programming around ECE, which are important considerations for expanding the system, especially as one of the federal government’s criteria for that expansion is quality of care.

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This makes it two provinces down, both of them with non-conservative premiers, and it’s speculated that Newfoundland and Labrador will be next. Alberta claims to be “negotiating” around things like flexibility, but there is a bit of a red herring in there – nothing precludes the province from creating additional, more flexible spaces outside of the federal parameters if they feel they need it, but trying to insist this is about “choice” is a false dichotomy – there can be no actual choice if there is only constrained choice available. In other words, it’s not a real choice if there are no spaces available, and the federal government has long recognized that we have a supply-side problem, which is what they are trying to address. Opposing the federal plan because you claim it’s not flexible enough is, frankly, an abdication of responsibility.

The Conservatives, meanwhile, put out an extremely bizarre “backgrounder” yesterday to claim that the Liberals never meet their promises on childcare, and it was both strange and dishonest. Strange in that this is the kind of thing you’d expect to have an NDP header on it and not a Conservative one, but dishonest because they killed the gods damned system that was in place in 2006. Seriously – Paul Martin’s government had signed agreements with all of the provinces in 2006, and money for the first year was starting to flow when the NDP teamed up with the Conservatives and brought the government down, killing the childcare system that had just been established, because the Conservatives preferred to send $100/month to families instead – because “choice.” Oh, and they created tax credits for new childcare spaces, which created approximately zero of them. They vehemently opposed childcare, and still do, so for them to try and say the Liberals haven’t kept their promises when they actively worked against them and killed the programme that was created is just galling.

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Roundup: Exit Jody Wilson-Raybould

Jody Wilson-Raybould announced yesterday that she wasn’t going to be running again in the next election, but wasn’t leaving to “spend more time with family.” Rather, she planned to continue her work in other venues, but noticed that the House of Commons had become more toxic and ineffective, which is very true.

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While I don’t think that Wilson-Raybould was a particularly great minister (and she has yet to answer for her pushing blatantly unconstitutional legislation through), she nevertheless had a particularly valuable viewpoint that made the House of Commons better for having her in it. Her singularly pushing back against the Bloc’s attempts to play politics around Quebec’s Bill 96 and the proposed constitutional changes and nationhood declarations was something we could certainly have used more of, not less.

This having been said, I think Wilson-Raybould, like Jane Philpott, were somewhat naïve about the nature of federal politics, and were sold some particularly bad advice about life as an independent MP, and more broadly about hung parliaments in general. There is a particular romance around them, particularly from a segment of the political science crowd, which has rosy visions of the 1960s and inter-party cooperation to get things done, when hung parliaments in recent decades have simply been nasty and highly partisan, and that contributed a lot to the toxicity and ineffectiveness of this parliamentary session. On top of that, Wilson-Raybould had broken the trust of her fellow MPs, and that no doubt further isolated her in an already fractious situation in the Chamber. It’s too bad that she couldn’t have contributed more, but her no longer being there is a diminution to the kinds of voices that we should be hearing more of.

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Roundup: Parliament versus itself

Not unexpectedly, the Speaker of the House of Commons has declared that he’s going to fight “tooth and nail” for Parliament’s right to demand whatever documents they want – as well he should. But this is a very complex issue that becomes parliament fighting against itself, because of the obligations in places like the Canada Evidence Actthat triggered the process that the Attorney General had to undertake around those Public Health Agency documents related to the National Microbiology Lab firings.

With that in mind, here is some context as to what the Canada Evidence Act demands, and why this is not Justin Trudeau personally defying the will of parliament, but the government following its own laws.

For a further breakdown of the legal balancing act involved, and what the court process for this will look like, read through this thread (which was a little too long to simply post, but a couple of highlights are below).

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Roundup: Liberals being weasels about “open nominations” – again

Remember back before the 2015 election when Justin Trudeau declared that the Liberals would be a party of open nominations? And then how he weaselled out on that after the election in order to protect nominations when they had a majority? And even after that, decided to trigger their “electoral urgency” rules in advance of the 2019 election, even though they knew the timing of it years in advance and could have actually let those nominations happen? Well, they are being weasels again, and just triggered the “electoral urgency” rules once more.

Of course, because there are only three narratives to choose from in most media outlets, this was seen as “more proof” that there’s going to be an election this fall, especially when combined with the fact that MPs agreed to hold a take note debate session on the 15th that will allow MPs who have opted not to run again to give a farewell speech. It’s all proof! Erm, except that this is a hung parliament that will have reached the two-year mark in the fall, making an election far more likely, so it’s a convenient time to hold such a session, given that it certainly wouldn’t happen after a confidence vote to bring down the government. I remain unconvinced that the Liberals are planning to dissolve parliament by the end of summer on a flimsy excuse, but then again, I generally don’t subscribe to the Three Narratives.

This being said, this weaselly behaviour around nominations is unsurprising given the trends in this country, and where the party has been headed. They did it in 2019, and at the end of last year, they did away with open nominations for the two by-elections and simply appointed candidates outright, never mind that there was interest from others in each riding and they could have held competitive races, yes, including in a virtual situation. We’ve seen all parties behave in ways that are undermining the democratic process by gaming nominations – Samara Canada wrote a report on it. (Samara was also credulous about the NDP’s claims about open nominations in 2011, in spite of all of the evidence of paper candidates who never even visited the ridings, never mind having run in an open contest, but that’s neither here nor there). The point is that this kind of behaviour is toxic to the long-term health of our system of government, and it needs to be countered and pushed back against. Unfortunately, because the media is hung up on the “early election” narrative at any opportunity, they never actually hold the parties to account for their undemocratic behaviour, and we’ve allowed it to get to this point. This is a very bad thing, and we should be pushing back and demanding proper, open nominations from all parties, no matter how inconvenient it may be in a hung parliament.

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Roundup: A broken system thwarting foreign agents

Something in the National Security and Intelligence Committee of Parliamentarians (NSICOP) annual report, made public this week caught my eye, which talked about how the “critical election incident protocol panel” – the body set up in order to have some sort of way to help deal with any detected foreign interference during an election (given the whole Russian interference thing south of the border in previous of their elections) – needs to include more traditional espionage as part of their warning triggers. Why? Because, as NSICOP says, foreign agents could try to infiltrate political parties to exert influence, whether it’s in nomination meetings, or volunteering in campaign offices.

I will admit that I laughed.

Not because foreign interference isn’t serious – because it is – but because the joke would be on them, given that grassroots members no longer have any influence in our political system since we have made the system entirely leader-driven. Nomination meetings are being gamed by leaders’ offices to the point where it’s difficult to determine just how free and fair any of them are these days – that is, when leaders aren’t outright appointing candidates (as Justin Trudeau did with Marci Ien and Ya’ara Saks for the by-elections late last year). Trying to hijack nomination contests at the best of times is exceedingly difficult because of the requirement for the leader’s signature (or their proxies, thanks to the garbage Reform Act), which was part of why that requirement was created back in 1970 – officially to keep the Chief Electoral Officer from needing to adjudicate nomination disputes, but anecdotally about heading off pro-life groups trying to hijack Liberal nominations. Foreign agents trying to use the same tactics would have fairly marginal chances of success once their involvement became known.

This is less of an indictment of the use of party infiltration as a tactic of foreign agents, but rather of how our system has degenerated. Because we insisted on moving to leadership contests that became quasi-presidential primaries, we have upended the entire grassroots nature of our parties, and now everything is top-down, leader driven. It shouldn’t be this way, and yet this is where we are.

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Roundup: O’Toole’s use of stock photos is telling

You may have noticed that Erin O’Toole has been launching a new social media campaign about the dire state of our economy, using stock photo images to illustrate his points. Over my years in journalism, I have come to be very wary of the use of stock images by parties in their advertising, because much of it is inherently deceptive or manipulative (aside from being cheap to slap into their products) – and I will fully credit Glen McGregor for this.

So, what have we seen with two of O’Toole’s posts? One of them was about January’s brutal job numbers, accompanied by a stock photo of a young white guy in a hoodie, looking somewhat distressed. The problem? Those same job numbers showed disproportionate losses among women and visible minorities because the most affected sectors were wholesale and retail trade, as well as accommodation and food services – which makes sense given all of the closures in the second wave. In other words, the images he put up was not only tone deaf, but speaks to just who he thinks his voter base will respond sympathetically to, which says a lot. (The only upside here is that he model was actually Canadian and not a Romanian, but when said model found out about it, he chimed in).

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O’Toole posted another one yesterday about standing up for Canadian workers, using a photo of a (white) construction worker. But again, if you look at last month’s job numbers, construction jobs were actually up – they were the main driver of goods-producing jobs (which were a net gain rather than a net loss on the month). Again, though, this is about what O’Toole is signalling what kinds of jobs he thinks matters, and it’s not where the losses have been. As he starts to make a lot of noise about his recovery plans and supposed economic dream team, he is sending very loud signals about what he thinks the recovery should look like, and it appears to be pretty divorced from what everyone else thinks it should look like, and that is something worth paying attention to.

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Roundup: Nuancing the discipline debate

Over the weekend, Aaron Wherry wrote a piece about party discipline, comparing Derek Sloan’s ouster from the Conservatives in Canada, with Marjorie Taylor Greene’s censure in the US. While I think Wherry makes a few interesting points, he misses a boatload of nuance that should probably be included in there – including the fact that I’m not sure that control over nominations is necessarily an issue of party discipline per se, and I fear that the piece suffers a bit of conflation as a result.

What I thought in particular was his point where parties can exert more control over who can and cannot get nominations in Canada, where party influence is much weaker in American primaries. The ability for party leaders to be able to veto nominations is a fairly recent development, dating back to the Canada Elections Act reforms in 1970, when they needed an accountability mechanism when party names appeared on ballots for the first time, and in the interests of not burdening Elections Canada with intra-party disputes over nominations, they gave party leaders the ability to sign off on nominations. At no point in the debates (and I did read the Hansards and committee transcripts when I was researching for my book) was the possibility of this being used as a tool of party discipline raised. Nevertheless, this became essentially a tool of blackmail, where leaders could threaten to withhold signing the nomination papers of any MP who wanted to run again if they didn’t toe the party line. But this is only a tool of discipline for an incumbent, not someone who has never run before, which is more what Wherry is talking about with Sloane and Greene.

In either of those cases, these were newbies to the party, and control over who is and is not running is part of the argument he is making – that it’s tighter control in Canada than in the US, and maybe this isn’t such a bad thing. I don’t necessarily disagree, but I think there is more elegance to the argument than that. When it comes to the more substantial difference between Canada and the US when it comes to quality control of who winds up on the ballot is how the grassroots mechanisms different. In Canada, it is ostensibly a matter for the riding association, which can be hundreds of thousands of members – especially if there is a membership drive for a contested nomination – but that’s not the same as a primary, which is many, many times larger. There is a more robust intra-party green-light process in Canada that has grown up over time, but the bigger problem right now is it is being abused, and parties are gaming the nomination process, in many cases to favour candidates that their leader would prefer, and this is a problem that very much needs to be solved as soon as possible. While yes, it may be preferable that we have a bit more quality control over our candidates (emphasis on “bit” – plenty of people get elected who never should have made it past their green-light process), it should still be a more grassroots driven process, and not be the sole discretion of the party leader. That is the part that is harming us more than helping us, and the happy medium won’t be found until we get back to a place where we aren’t selecting party leaders through membership votes, and the grassroots has their proper role in ground-up democracy restored.

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Roundup: Fundraising off of blame-shifting

Ontario Premier Doug Ford has opted to keep up his little pissing match with the federal government over the border and what he claims are insufficient measures or testing, in spite of all evidence to the contrary – or of the fact that using rapid antigen tests at the border wouldn’t necessarily give proper results because they don’t work as well when someone is pre-symptomatic, meaning they would be just as likely to give a false sense of security with arrivals that may very well be unwarranted. And to top of all off, Ford is using this exercise in blame-shifting in order to send out fundraising appeals to his part’s donors – but remember, he’s “not playing politics.”

Speaking of Ford “not playing politics,” he tried to clap back at Ottawa’s mayor over concerns that the city wasn’t consulted before the mockdown was announced, and the fact that we are in the twenty-eight-day zone rather than the fourteen-day zone despite having the lowest positivity rate in the province and zero cases in ICU. Ford’s response – that he’s trying to save lives, and the mayor must not care about body bags piling up on his doorstep. Excuse me? Ford sat on federal money that should have gone to increasing testing and tracing capacity, and dollars for making schools safer, and for long-term care facilities – which he promised he’d put an “iron ring” around and then did nothing about it, and who has hesitated for month before doing a necessary lockdown – and even then didn’t do a proper lockdown, opting instead for a half-measure mockdown that does nothing about workplace infections – and he’s lecturing others about body bags? Sorry, no. He’s the one going to be held to account for the thousands of death on his watch, not the mayor of Ottawa.

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Roundup: The importance of keeping up democratic appearances

As the most populous areas of the country head back into some form of lockdown (thanks in large part to the premiers being generally useless), prime minister Justin Trudeau said that the two by-elections will continue as planned, as it’s important for Canadians to see that democracy keeps functioning in spite of the pandemic, and said pandemic could be worse later if there are delays, so best to do it now. In case it wasn’t obvious, new Green Party leader, Annamie Paul, has calling for the delays, as though it would make any actual difference for her doomed campaign in Toronto Centre given that it’s a “safe” Liberal seat. (I mean, miracles can happen, but it would be just that – a miracle, if she didn’t come in fourth again as she did during the last election).

There is, however, a bit of irony to this as the Liberals are also looking to make it easier to forgo nominations in ridings that they currently hold, doing away with the actual grassroots democracy of letting members of the riding decide whether or not they want to oust their incumbent or keep them around. In the last election, the party decided that there was a relatively high bar for a nomination to be protected (which is an abomination, don’t get me wrong), but now they’re looking at making that high bar much lower. And given that Trudeau decided to forgo proper nomination processes for the two by-elections, in spite of the fact that there were declared challengers to those who ended up being chosen, it really doesn’t seem like he’s demonstrating that grassroots democracy can still function in spite of the pandemic. Funny that.

All snark aside, I will note that the one positive out of these changes is that the party seems to be taking the search for more diverse candidates a little more seriously, and ensuring that the riding associations in unheld ridings needs to document that they did search for candidates who were women, as well as Black Canadians, people of colour, people with disabilities, or members of the LGBT community. The party did have some success with recruiting more women when they adopted a system of having people search for potential candidates, forwarding the party their name, and having the party follow up with them several times (because there is documented research that shows that women need to be asked multiple times before they will say yes, often because they feel underqualified even when they are more than qualified), so perhaps they will see some more success by extending this to other underrepresented communities. Time will tell, of course – particularly if they start using the pandemic as an excuse not to keep the grassroots process going as it should be.

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